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Patna High Court

Lalten YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail cannot be granted when there is an inordinate delay, as the doctrine of laches bars such relief.

Summary

The petitioners, a group of Yadav individuals, filed an application for anticipatory bail before the Patna High Court in a criminal miscellaneous case arising from a 2017 incident. The State of Bihar opposed the bail. The court noted that the petition was filed almost eight years after the alleged offence and the earlier order rejecting anticipatory bail in 2018. Relying on the principle of laches and the undue delay, the court held that such a delay defeats the purpose of anticipatory bail. Consequently, the court rejected the petitioners' prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted after an inordinate delay of eight years since the alleged offence.
  • Whether the doctrine of laches applies to applications for anticipatory bail.

Subjects

  • anticipatory bail
  • delay
  • laches
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20080 of 2026

                        Arising Out of PS. Case No.-291 Year-2017 Thana- BELHAR District- Banka
                 ======================================================
           1.     Lalten Yadav S/o Late Munshi Yadav Resident of vill- Tari Manjhgayn, P.S-
                  Belhar, Distt.- Banka
           2.    Dablu Kumar @ Dablu Yadav S/o Late Nuneshwar Yadav @ Late Nunu
                 Yadav Resident of vill- Tari Manjhgayn, P.S- Belhar, Distt.- Banka
           3.    Bablu Yadav S/o Late Nuneshwar Yadav @ Late Nunu Yadav Resident of
                 vill- Tari Manjhgayn, P.S- Belhar, Distt.- Banka
           4.    Niranjan Yadav @ Nijo Yadav S/o Shgaligram Yadav Resident of vill- Tari
                 Manjhgayn, P.S- Belhar, Distt.- Banka
           5.    Kedar Kumar @ Kedar Yadav S/o Shankar Yadav R/o vill - Sabalpur, P.S.-
                 Laxmipur, Distt.- Jamui
           6.    Ranjit Yadav S/o Lalten Yadav Resident of vill- Tari Manjhgayn, P.S-
                 Belhar, Distt.- Banka
           7.    Ganga Yadav S/o Lalten Yadav Resident of vill- Tari Manjhgayn, P.S-
                 Belhar, Distt.- Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the parties.

                                2. The case is of year 2017 and the impugned order

                   rejecting anticipatory bail is of year 2018. The petitioner has not

                   chosen to approach this Court almost about eight years and on

                   the ground of latches and delay, this Court is not inclined to

                   grant anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.20080 of 2026(2) dt.08-04-2026
                                                       2/2




                                  3. Prayer for anticipatory bail is rejected.



                                                (Praveen Kumar, J)
shivam/-

U      T


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